When people think about a car crash, they tend to imagine it happening at high speed on the freeway, resulting in a pile of twisted metal. However, many collisions take place at much slower speeds, sometimes when one vehicle is not even moving.
Parking lot accidents in Little Rock can cause serious injuries to pedestrians. If this has happened to you, you may be able to recover financial compensation to cover the costs of medical treatment for your injuries. At Rainwater, Holt & Sexton, our auto collision attorneys could help you understand your legal options for filing a claim and provide guidance throughout the process.
Determining who was at fault is key because it establishes who is liable for the costs. In a typical crash between two cars on the road, this means deciding which driver’s negligent or careless actions caused the accident. However, this can get complicated when the collision occurs in a Little Rock parking lot.
If a moving vehicle strikes a stationary one, the driver of the moving car is likely at fault because the other driver was not around. If, however, the crash is between two moving vehicles, the question of who should yield the right-of-way arises. For example, when the driver of a car that was parked begins to move, they should allow cars already in the lane to move away before they pull out of the parking space.
When a vehicle collides with a pedestrian, it is usually the driver who is at fault. If a car strikes a pedestrian, even at a slow speed, it can cause the pedestrian devastating physical injuries while the car and its driver remain relatively unharmed. As such, drivers have a duty to be aware of their surroundings and exercise caution to avoid colliding with pedestrians.
Under Arkansas Code § 16-64-122, the state has adopted a modified comparative fault rule that can have a significant effect on a claim. This rule reduces the compensation if a party seeking damages was partially at fault for a crash in a Little Rock parking lot. According to the law, if the court finds the claimant to be, for example, 25 percent responsible, there is a corresponding reduction in the amount payable, leaving them with a final 75 percent of the award. If, however, their responsibility is 50 percent or more, they get nothing. This rule may apply if a driver fails to yield the right-of-way, even if the other driver was speeding.
Although most parking lot accidents in Little Rock occur at low speeds, there is still the possibility of resulting injuries that require treatment. Call our team at Rainwater, Holt & Sexton today to schedule an initial meeting about your claim.
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